17Soil pollution

17  Soil pollution

 (1) For the purposes of this instrument, soil pollution occurs when land, including  groundwater, is contaminated by a substance that causes, or is reasonably likely to cause:

 (a) the chemical or biological condition of the soil to be adversely affected; or

 (b) an adverse effect on the present use of the land, or a proposed use of the land under a final master plan in force for the airport, because the land is, or is reasonably likely to be:

 (i) unsafe or unfit for human habitation or occupation; or

 (ii) in any other respect, harmful to the health or welfare of human beings; or

 (iii) significantly offensive to human senses; or

 (c) an adverse effect on the land, because:

 (i) the land supports native flora or fauna; and

 (ii) the substance degrades the capacity of the land to support the flora or fauna; or

 (d) an adverse effect on beneficial use of any groundwater; or

 (e) an adverse effect on beneficial use of adjacent land in accordance with a final master plan in force for the airport.

 (2) Paragraphs (1)(b) and (e), and the rest of this instrument to the extent that it is affected by either of those paragraphs, apply in relation to Sydney West Airport and a time before the first final master plan comes into force for that airport as if:

 (a) the words “a final master plan” were omitted from those paragraphs; and

 (b) the words “an airport plan” were substituted.

beneficial use means a use conducive to public health, safety, aesthetic enjoyment or other benefit.